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PEMBERTON v. COLLINS

No. 91-1327.

991 F.2d 1218 (1993)

Jimmy D. PEMBERTON, Petitioner-Appellant, v. James COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 1993.

Attorney(s) appearing for the Case

Brett A. Ringle, Jones, Day, Reavis & Pogue, Dallas, TX (court-appointed), for petitioner-appellant.

R. Ray Buvia, Asst. Atty. Gen., Dan Morales, Atty. Gen., C. Rex Hall, Asst. Atty. Gen., Austin, TX, for respondent-appellee.

Before JONES and BARKSDALE, Circuit Judges and PRADO, District Judge.

EDITH H. JONES, Circuit Judge:

Jimmy Dale Pemberton appeals the district court's denial of habeas corpus relief, claiming that his conviction for murder violated the federal Constitution. Pemberton is currently serving a life term in prison for the crime. Convinced that his conviction presents no constitutional error, we affirm. In so doing we reach a question of first impression: whether on habeas review of a state court conviction a federal court may consider a...

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